DELIVERY OF RIGHTS OFFERING MATERIAL Sample Clauses

DELIVERY OF RIGHTS OFFERING MATERIAL. 1. On or as soon as practicable prior to the Commencement Date, the Company will deliver to the Rights Agent sufficient copies of the Notice and the Rights Certificate. 2. Unless otherwise instructed in writing by the Company, within five (5) business days of the Record Date the Rights Agent shall send to each Eligible Holder as of the Record Date (i) a Notice, (ii) a Rights Certificate, and (iii) a return envelope addressed to the Rights Agent for use by such Eligible Holder (such material, collectively, the “Rights Offering Material”). The Company may at its discretion send to each Eligible Holder the Rights Offering Material. 3. The Rights Agent shall not mail Rights Offering Material to any registered Ineligible Holder, and shall hold the Rights for all such registered Ineligible Holders until such time as the Company provides the Rights Agent with written notice requesting that a Rights Certificate be issued and delivered to the Ineligible Holder. Within five (5) business days of the Record Date the Rights Agent or the Company shall send to each registered Ineligible Holder as of the Record Date (i) a Notice, for information purposes only and (ii) the form of notice of ineligible shareholders (the “Ineligible Holder Notice”), the form of which shall be supplied by the Company. 4. In the event that the Rights Offering Material is returned to the Rights Agent for any reason and a proper delivery thereof cannot be effected to a holder, the Rights Agent shall hold such Rights Offering Material and the related holder’s right to purchase Common Shares under the Rights Offering will be treated as unexercised. The Rights Agent shall supply the Company with such information as the Company may request with respect to any Rights Offering Material that cannot be delivered to a holder. 5. In the event that, prior to the Expiry Date, any Holder notifies the Rights Agent that the Rights Offering Material to which such Xxxxxx is entitled has not been delivered, or has been lost, stolen or destroyed, the Rights Agent will furnish to such Holder a copy of the Rights Offering Material. The Company agrees to supply the Rights Agent with sufficient copies of the Rights Offering Material for such purposes. In cases where a physical Rights Certificate has been lost, stolen, or destroyed, the Company shall provide the Rights Agent with the replacement requirements.
Sample 1
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Related to DELIVERY OF RIGHTS OFFERING MATERIAL

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Definitions As used in this Agreement:

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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